This legal analysis pertains to the judgment in Shri Shailender Kumar vs. The Secretary (Labour) & Anr., delivered by the Delhi High Court on October 12, 2015. The primary legal question addressed in this writ petition was whether the Labour Courts in Delhi had the territorial jurisdiction to entertain an industrial dispute when the workman’s initial appointment and certain administrative...
A written statement is a formal response filed by a person to address the claims made in a suit against him. It is the first step through which a person against whom a suit has been filed present his defence either by denying the allegations set forth in the suit or by admitting them. The timelines for filing a written...
Arbitration is a widely recognized formal method of dispute resolution involving a neutral third party known as “Arbitrator” who makes a binding decision in the matter. Arbitration offers a time effective alternative to the Court proceedings which are often time consuming. As Legal proceedings in Courts are time consuming therefore, arbitration has become a preferred choice for resolving disputes in...
A Company must have numerous Directors however, it is not necessary that all Directors must be engaged in the day to day affairs of the Company and therefore, the Directors who have not signed a cheque on behalf of the Company cannot be prosecuted U/s 138 of Negotiable Instruments Act. The Apex Court in numerous judgments, held that a Director...
A succession certificate is a Legal document authorising a person as rightful/lawful successor of the deceased who has died intestate i.e. without making a WILL. The primary objective of Succession Certificate is to grant the successor the authority to inherit debts, securities and other movable assets of the deceased. However, if a deceased person has left a valid WILL, the...
Can a cheque be presented for encashment if the holder of cheque has received part payment from the drawer before presentation of the cheque? The answer to the above question is that a cheque can be presented for encashment by the holder of the cheque even if the part payment has been received by the holder after the issuance of...
What is included in cruelty under Divorce Laws Repetitive abuse or inhumane treatment constitutes cruelty or domestic violence. It can cause emotional harm through repeated intimidation, violent language, verbal abuse, or threats of harm. Cruelty refers to violent acts. However, a mere quarrel, petty outrageous behaviour or differences between the spouses do not come in the ambit of cruelty because...
DIVORCE can be a deeply challenging and emotionally charged process. Understanding how to negotiate a fair divorce settlement, both inside and outside the court, is crucial for ensuring a just outcome for all involved. This article explores the mechanisms and considerations of divorce settlements, bolstered by recent judicial rulings and practical advice. The grounds for divorce under Section 13 of...
In today’s fiercely competitive global market, businesses often employ various legal tools to safeguard their proprietary information and market position. Among these tools, the non-compete clause stands out as a critical mechanism embedded within employment contracts. This clause regulates the post-employment activities of employees, aiming to shield employers from potential harm that could arise from former employees joining competitors or...
Advocate Amaresh Singh is a highly qualified legal professional, having obtained his law degree from University of Allahabad, in the year 1999.
Advocate Amaresh Singh is a practicing lawyer at Supreme Court of India, Delhi High Court, National Company Law Tribunal (NCLT), National Consumer Forum, Custom Excise Goods and Service Tax Appellate Tribunal and District Courts of Delhi including Saket Court, Tis Hazari Court, Patiala House Court, Karkardooma Court, Dwarka Court in the field of Cheque Bounce, Corporate Law, Insolvency and Bankruptcy Cases, Commercial Disputes, Recovery of Dues, Debt Recovery Cases, Arbitration Matters, Cases Related to Tender, Cases Related to Import & Export, Cases Related to Trademark Copyright and Patent, Cases Related to FERA and Foreign Exchange Managment Act (FEMA), Cases Related to Prevention of Money Laundering Act, Service Employment & Labour Law.
Advocate Amaresh Singh has a work experience of 25 years.